Acórdão nº 084929 de Supremo Tribunal Administrativo (Portugal), 20 de Outubro de 1994 (caso None)
Magistrado Responsável | ROGER LOPES |
Data da Resolução | 20 de Outubro de 1994 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR CIV - DIR RESP CIV. DIR SEG SOC.
Legislação Nacional: CONST76 ART63. L 28/84 DE 1984/08/14 ART16. CCIV66 ART500 N1 ART503 N1 N3 ART506 N1 ART508 N1. DL 190/85 DE 1985/06/24.
Jurisprudência Nacional: AC STJ DE 1991/01/07 IN BMJ N403 PAG393. AC STJ DE 1993/01/14 IN CJ TI ANOI PAG34. AC STJ PROC84139 DE 1993/11/25. AC STJ PROC84384 DE 1994/01/12. AC STJ PROC84907 DE 1994/06/09.
Sumário : I - Só existe culpa presumida, nos termos do artigo 503, n. 3 do Código Civil, quando o condutor do veículo o for por conta de outrém, ou seja, por haver uma relação de comissão, nos termos do artigo 500, n. 1 do mesmo Código, pois a culpa presumida equivale a culpa provada. II - Se a prova produzida sobre o circunstancialismo em que ocorreu um acidente de viação não permite que ele seja conhecido na sua materialidade concreta, cai-se no domínio da responsabilidade pelo risco. III - Impõe-se, cada vez mais, que a lesão do direitro à vida seja indemnizada com quantias que reflictam o valor dessa vida e que a não banalizem. IV - Não provada a culpa do segurado da ré em acção emergente de acidente de viação ou da vítima, a indemnização a atribuir aos familiares desta terá por limites os valores previstos no n. 1 do artigo 508 do Código Civil, na redacção que lhe foi...
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